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2answers
20 views

A question on NoA

I received the NoA last month. On one hand it says that the Patent is allowed, and on the the other hand I read this line: THIS NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS Once I get a ...
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2answers
59 views

Canceled claims considered prior art?

If the application for US 7,156,537 B2 was rejected on two occasions during examination and two claims were canceled from the patent, then why is the figure associated with the canceled claims still ...
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1answer
55 views

What if statement about claims with effective filing date on or after March 16, 2013 is not submitted in time

CFR 1.78(a)(6) says that, if a non-provisional application claims the benefit of a provisional application filed before March 16, 2013 and contains, or contained at any time, a claim that has an ...
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3answers
74 views

How specialized is a PHOSITA?

From the point of view of patentability, how specialized is “the art” of the “person having ordinary skill in the art” (PHOSITA)? For example, if I attempt to patent a widget that connects between ...
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3answers
77 views

“Undue experimentation” - why isn't the patent office more demanding to minimise it (e.g. provide parts list)?

The majority of the patents I've looked at read to me as outlines of research projects rather than detailed descriptions of how to make something. (I am a person of ordinary skill in the art; I have a ...
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1answer
34 views

Is it necessary that the reply to office action be made by attorney

I am asking in connection with USPTO filing. Lets say my patent is filed by a US attorney (I am not a US citizen). Now it goes through examination, and office action is sent. I want to know is it ...
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2answers
113 views

I'd like to make a digital watch with it's case similar to this one. How much different does my design need to be in order for it to be legal?

In regards to Patent USD637920, I'd like to make a digital watch with it's case similar to this one. How much different does my design need to be in order for it to be legal? Mine would be completly ...
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1answer
181 views

Is application US20090055029 this fairly obvious?

This is basically "put a webserver on it and call it an invention" This sort of thing has been done on home routers and numerous other types of industrial equipment for many years. How would one go ...
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2answers
205 views

When can new prior art be brought during prosecution? How can we help?

I am looking for a clarification ideally for both USPTO and EPO procedures. I thought that: applicant could (must for US) bring new prior art anytime during prosecution until grant (through IDS for ...
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2answers
192 views

How can an individual participate in the examination process for US Patent Applications?

Is there a mechanism for the public to participate on the examination process of a patent under examination? More specifically, is there a mechanism, for a person or for a company, to submit ...
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4answers
731 views

Do USPTO examiners search open-source codebases?

I have read many patent prosecution histories (on PAIR), but have never seen one that references an open-source codebase as grounds for a rejection. Instead, examiners have a tendency to rely heavily ...